<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".23" citation="COMAR 32.02.02.23" title_num="32" subtitle_num="02" chapter_num="02" heading="Withdrawal of Application or Rescission of Agreement.">
  <paragraph num="A.">
    <text>Withdrawal of Application. A person seeking admission to a continuing care at home program may withdraw an application at any time before execution of the continuing care at home agreement. A provider shall refund all money paid, less any nonrefundable processing fee that was specified in the deposit agreement, to a prospective subscriber who withdraws an application before signing a continuing care at home agreement.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Rescission of Agreement before Services Commence.</text>
    <paragraph num="(1)">
      <text>If a subscriber rescinds an agreement by giving written notice of the rescission to the provider before the provider begins to provide continuing care at home services to the subscriber, and the rescission either occurs within 90 days after entering into the agreement or because of a substantial change in the subscriber's physical, mental, or financial condition, the provider shall, within 30 days of rescission, refund all moneys paid by the subscriber except any processing fee previously specified as nonrefundable.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a subscriber rescinds an agreement by giving written notice of the rescission to the provider before the provider begins to provide continuing care at home services to the subscriber, but more than 90 days after entering into the agreement, for any reason other than a substantial change in the subscriber's physical, mental, or financial condition, the provider shall refund the same amount specified in §B(1) of this regulation, except that the provider may require that the subscriber forfeit part of the refund. The forfeiture amount may not exceed 25 percent of any deposit paid by the subscriber.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If a subscriber rescinds an agreement by giving written notice of the rescission to the provider before the provider begins to provide continuing care at home services to the subscriber, because of a substantial change in the subscriber's physical, mental, or financial condition, the provider shall refund the same amount specified in §B(1) of this regulation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If a subscriber dies before the date the provider begins to provide continuing care at home services to the subscriber, the agreement is automatically canceled, and the provider shall refund to the subscriber's legal representative the same amount specified in §B(1) of this regulation, except that the cancellation is not automatic and is at the option of the surviving subscriber if the agreement is in the name of two subscribers.</text>
    </paragraph>
  </paragraph>
</regulation>